Created: May 7, 2015
Last Updated: May 7, 2015
Minors prohibited. This Website contains pornographic content and is not intended for minors. Only adults who are at least 18-years old and who have reached the age of majority in their community may access this Website. We forbid all persons who do not meet these age requirements from accessing this Website. If minors have access to your computer, please restrain their access to sexually explicit material by using any of the following products provided for informational purposes only and not endorsed by us: CYBERsitter™ | Net Nanny® | CyberPatrol | ASACP.
This Website provides customer support information for certain websites.We provide this information for informational purpose only. You should not rely on this Website for advice of any nature. We disclaim responsibility for the actions, decisions, or other behavior taken or not taken by you in reliance on this Website. You act at your own risk in reliance on the contents of this Website.We may change these terms, and any policies or agreements incorporated in these terms, on one or more occasions. Any changes will become effective immediately on posting to the Website. Your use of this Website after we have made the changes will constitute your acceptance of these terms as last revised. If you do not agree to these terms as last revised, please do not use (or continue to use) this Website. For more information about changes, please see section 23.3, below.
2. Scope of Terms
These terms apply to the Website located at www.customerhelponline.com. These terms also apply to any online resources, materials, download areas, tools, and interactive venues provided on the Website, including blogs, community forums, chat rooms, discussion websites, knowledge centers, service offerings information, both now and in the future. We may also publish specific terms for services, in which event; these terms will remain in effect to the extent that they do not conflict with the specific terms.
3. Eligibility; Section 230(d) Notice
This Website and the services are available only to users who can form legally binding contracts under applicable law. By using this Website or the services, you state that you are (1) at least 18-years old, (2) otherwise recognized as being able to form legally binding contracts under applicable law, and (3) are not a person barred from purchasing or receiving the services under the laws of your jurisdiction.
Under 47 U.S.C. § 230(d), we hereby notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist in limiting access to material that is harmful to minors. Information regarding providers of these protections may be found on the Internet by searching “parental control protection” or similar terms.
4. Limited License;
Use of WebsiteWe grant you a limited, nonexclusive, nontransferable license to access the Website and its content according to these terms and any additional terms. By “access,” we mean visit the Website, use its services, and view or download its content. You must comply with all applicable laws when accessing the Website. We may change, limit, or cancel your access if you fail to comply with these terms or any other applicable terms. You may only access the Website for your personal, noncommercial use, and you may not copy or post it on any network computer or broadcast in any media. You will not use any content that you access on the Website for further distribution, display, or sale.We provide this Website solely to provide you with customer support and to enable you to contact us with any questions or comments that you may have. We prohibit any other use of this Website. For example, you should not use any features on this Website that permit communications or postings to post, transmit, display, or otherwise communicate
any defamatory, threatening, obscene, harassing, or otherwise unlawful information;
any advertisement, solicitation, spam, chain letter, or other similar type of information;
any encouragement of illegal activity;
unauthorized use or disclosure of private, personally identifiable information of others; or
any materials subject to trademark, copyright, or other laws protecting any materials or data of others in the absence of a valid license or other right to do so.
Password Protected Areas. Access to and use of password-protected areas of the Website is restricted to authorized users only. You agree that you: (1) will provide current, complete, and accurate identification, contact, and other information about you as you may be prompted by the Website; (2) are responsible to maintain, keep current, and update any registration data and other information you provide to us; (3) are entirely responsible for maintaining the security of your password, identification, and account and for all activity that occurs under your account; and (4) will notify us immediately of any unauthorized access or use of your account or password or any other breach of security.You understand that any person with your password will be able to access your account and any registration data. You accept sole risk of unauthorized access to your account. We disclaim liability to you for any loss you may incur because of someone else using your password or account regardless of your knowledge. You may be held liable for losses incurred by us or any other user or visitor to the Website because of someone else using your password or account. You may not use anyone else’s account at any time, without the permission of the account holder.
Availability of Services. The materials on the Website regarding services may be outdated and we make no commitment to update the materials. Not all services mentioned in these materials may be available and any references to them do not imply that we will make them available to you. Please contact us regarding the availability of particular services at firstname.lastname@example.org.
5. Ownership of Content
The Website; its past, present, and future versions; all webpages found within the Website; the material and information on the Website; all graphics, text, images, audio, videos, webinars, designs, compilation, advertising copy, articles, user interfaces, artwork, any computer applications, any copyrightable material (including source and object code), and all other materials, including the design, structure, “look and feel,” and arrangement of the content contained on the Website (“content“); and trade names, trademarks, service marks, logos, domain names, and other distinctive brand elements, regardless of registration, are owned, controlled, or licensed by or to us, and are protected by intellectual property laws, including copyright, trademark, trade dress, domain name, patent, trade secret, international treatises, and other proprietary rights and unfair competition laws. In using the Website or the content, you agree to abide by all applicable intellectual property laws, as well as any specific notices contained on the Website. All rights not expressly granted are reserved.The Website and the content may not be copied, reproduced, modified, adapted, translated, transmitted, displayed, published, posted, resolved, or otherwise distributed in any way, without our express advanced written authorization. We grant you permission to display on your computer, print, and download the content on this Website solely for your own personal, noncommercial, and educational use. You must retain copyright and other notices on any copies of the content you make. Certain content and documents available on this Website may be open source content and documents subject to the applicable open source license and are so marked. Your use of those materials is governed by the individual applicable license. Unauthorized use of the Website or the content contained on or available through the Website or any hyperlinked websites may violate applicable intellectual property laws or other laws.
The trademarks, service marks, logos, slogans, and domain names (“marks”) referenced on the Website are either common-law service marks or trademarks, or registered service marks or trademarks that belong to us, and are protected by trademark laws in the United States and other countries, and international laws and treaties. Other names of actual companies and products mentioned on the Website may be the trademarks of their respective owners and reference to them does not suggest sponsorship, endorsement, or association with us. Nothing contained on the Website should be construed as granting, by implication or otherwise, any license or right to use any marks displayed on the Website, metatags, or any other “hidden text” using marks that belong to us and our licensors, without advanced written permission from us or the third party who may own the mark.
We encourage you to provide feedback about the Website. However, we will not treat as confidential any suggestion or idea provided by you, and nothing in these terms will restrict our right to use, profit from, disclose, publish, or otherwise exploit any feedback, without compensation to you.
9. Hyperlinking to Website
We grant you a limited, nonexclusive license to create a text hyperlink to www.customerhelponline.com only; you may not use our corporate logo or any other brand feature to link to this Website. We prohibit you from hyperlinking directly to any other webpage or content within the Website without our advanced written permission. We only consent to hyperlinks in which the hyperlink and the webpages that are activated by the hyperlink do not: (1) duplicate the content of the Website; (2) frame or create any other border around the content or any webpages on the Website or use other techniques that alter in any way the visual presentation or appearance of any content within the Website; (3) misrepresent your relationship with us or otherwise create a false affiliation, connection, or association with us; (4) imply that we approve or endorse you, your website, or your services or product offerings; (5) present a false or misleading impression about us or otherwise damage the goodwill associated with our name or trademarks; (6) use our trademarks in webpage text, metatags, or hidden text to gain higher rankings from search engines; or (7) use our name, trademarks, service marks, colors, logos, or any other brand features.We may revoke this limited license-that is, permission to hyperlink-at any time. If we revoke this limited license, you will immediately remove all hyperlinks to the Website and stop using our trademark. We will disable any unauthorized hyperlinks or frames, and disclaim any responsibility for the content available on any other website reached by hyperlinks to or from the Website.
10. Hyperlinks to Third-Party Websites
As a convenience to you, we may provide on this Website hyperlinks to websites owned or operated by other entities that are completely independent from us. If you access any of these hyperlinked websites, you will leave this Website. If you decide to visit any hyperlinked website, you do so at your own risk and subject to any terms and privacy policies posted on the hyperlinked websites. We encourage you to review the terms and privacy policies posted on all hyperlinked websites. Regardless, it is your responsibility to take all protective measures to guard against viruses or other destructive elements. We do not maintain, control, or govern hyperlinked websites, regardless of the hyperlinking form (e.g., hotlinks, hypertext links, IMG links). We do not investigate, verify, monitor, or endorse the content, accuracy, opinions expressed, and other hyperlinks provided by hyperlinked websites. We do not endorse, make any representations regarding, or warrant any information, goods, or services appearing or offered on any hyperlinked website, other than hyperlinked information authored by us. Hyperlinks do not imply that we or this Website sponsors, endorses, is affiliated or associated with, or is legally authorized to use any service mark, trademark, trade name, logo, or copyright symbol displayed in or accessible through the hyperlinks, or that any hyperlinked website is authorized to use any service mark, trademark, trade name, logo, or copyright symbol that belongs to us. Except for hyperlinks to information authored by us, weare neither responsible for nor will it be liable under any theory based on (1) any hyperlinked website; (2) any information or content found on any hyperlinked website; or (3) any websites hyperlinked to or from any hyperlinked website. If you decide to visit any hyperlinked websites or transact any business on them, you do so at your own risk. We may discontinue any hyperlinked website at any time without notice. Please contact the webmasters of any hyperlinked websites concerning any information, goods, or services appearing on them.
11. Termination and Suspension
Without limiting our other remedies, we may discontinue, suspend, terminate, or block your and any user’s access to this Website.
12. Disclaimer of Warranties
12.1We provide you access to this Website and its content “as is,” “with all faults,” and “as available.” You assume the entire risk for satisfactory quality, performance, accuracy, and effort. We make no statements of any kind-express or implied-about the operation of the Websiteor the content, information, or materials on this Website. To the fullest extent permissible under applicable law, weexpressly disclaim all warranties-express, statutory, or implied-for any of the materials, content, or information on this Website; for any goods or other products or services offered, sold, or displayed on this Website; or for your use of this Website generally. This disclaimer includesany warranties of (1) merchantability, (2) fitness for a particular purpose, (3) workmanlike effort, (4) accuracy, (5) completeness, (6) reliability, (7) suitability, (8) security, (9) privacy, (10) title, (11) exclusivity, (12) quiet enjoyment, (13) noninfringement, and warranties that your access to the Website will be (14) uninterrupted, (15) error-free, or that (16) content loss will not occur. We further make no guarantees that the quality and reliability of any information and services obtained from uswill meet your needs, expectations, and requirements; be virus-free; or perform error- and damage-free. There are no warranties that extend beyond the face of these terms or that arise because of course of performance, course of dealing, or usage of trade.
12.2 We do not make any promise about the results that you may obtain from your use of this Website or our services, or about the accuracy, completeness, reliability, security, or currency of the content.The Website may contain errors, omissions, inaccuracies, or outdated information. We do not warrant the reliability of any statement or other information displayed or distributed through the Website. We may correct any errors or omissions in any portion of the Website. If you believe you have found errors or omissions on the Website, you may bring them to our attention by contacting us at email@example.com.
You acknowledge that your use of this Website is at your sole risk and you alone will be responsible for any loss or damage that you may suffer from any content located on the Website. You assume all risk and responsibility for any loss or damages to your computer system, data, and business from your use of the Website.
13. Disclaimer of Liability; Release
We disclaim all liability to you for:
(1) any information, comments, or material you receive that is infringing, inaccurate, obscene, indecent, threatening, offensive, defamatory, libelous, invasive of privacy, or illegal;
(2) any third party’s unauthorized access to or alterations of your account, transmissions, or data;
(3) any viruses or other disabling code that may infect your computer or affect your access to (or use of) the Web site and your other services, hardware, or software;
(4) any incompatibility between the Website and your other services, hardware, or software; or
(5) any delays or failures you may experience in initiating, conducting, or completing any transmissions to or transactions with the Website.You release us from all claims, demands, and damages (actual and consequential) of every kind and nature, known or unknown, disclosed or undisclosed, arising out of your use of the Website, including disputes with one or more other users or third parties.
14. Exclusion of Damages; Exclusive Remedy
14.1 Unless caused by our gross negligence or our willful and wanton misconduct, we will not be liable to you for damages of any kind, including direct, indirect, special, consequential, incidental, punitive, reliance, or exemplary damages-whether in tort, contract, or any other legal theory-arising out ofyour use of or your inability to use the Website or the content contained on or accessed through the Website.We are also not liable to you for any damages for loss of profits, loss or corruption of data, loss of goodwill, work stoppage, computer failure or malfunction, or interruption of business arising out of your use of or your inability to use the Website or the content contained on or accessed through the Website. This exclusion includes damages from your reliance on any information obtained from us, or that results from mistakes, omissions, interruptions, deletion of files or emails, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether resulting from acts of god, communications failure, theft, destruction, or unauthorized access to our records, programs, or the Website. This exclusion applies even if you advised us of the possibility of these damages or we knew or should have known about the possibility of these damages.
14.2 If you are dissatisfied with the Website or have any other complaint, your exclusive remedy is to stop using the Website. Our maximum liability arising from your use of the Website will not exceed the total amount you have paid to us to use the Website. If you paid us nothing, we owe you nothing.
15. Scope of Disclaimers, Exclusions, and Limitations
The disclaimers, exclusions, and limitations contained in sections 12, 13, and 14 apply to the maximum extent permitted by applicable law, but no more. They are not intended to deprive you of any mandatory protections provided to you under applicable law. Because some jurisdictions may prohibit the exclusion or limitation of certain warranties, liability for consequential damages, or other matters, some or all of the disclaimers, exclusions, or limitations may not apply to you.
16. Compliance with Laws
We make no representation to you that the content and materials are appropriate or available for use outside the Netherlands. You assume all knowledge of applicable law and are responsible for compliance with these laws. You will not access the Website if prohibited in your jurisdiction or use the Website in any way that violates applicable governing laws, regulations, or other government requirements. You will not transmit any content that encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violates any applicable governing law or regulation.
17. Loss Payment (also known as Indemnification)
In General. You must pay us for any loss of ours that is caused by (1) your use of the Website, (2) your violation of these terms, (3) your violation of rights of a third party, (4) your conduct in connection with the Website, or (5) your negligent or intentional misconduct. But you need not pay to the extent that the loss was caused by our intentional misconduct.
Loss means an amount that we are legally responsible for or pay in any form. Amounts include, for example, a judgment, a settlement, a fine, damages, injunctive relief, staff compensation, a decrease in property value, and expenses for defending against a claim for a loss (including fees for legal counsel, expert witnesses, and other advisers). A loss can be tangible or intangible; can arise from bodily injury, property damage, or other causes; can be based on tort, breach of contract, or any other theory or recovery; and includes incidental, direct, and consequential damages.
A loss is caused by an event if the loss would not have occurred without the event, even if the event is not a proximate cause of the loss.
Our Duty to Notify.If we have your contact information, wewill notify you before the 30th day after we know or should reasonably have known of a claim for a loss that you might be obligated to pay. Our failure to give you timely notice does not terminate your obligation, except if that failure prejudices your ability to defend the claim or mitigate losses (but this exception does not apply if we do not have your contact information or cannot obtain your contact information in a commercially reasonable manner).
Legal Defense of a Claim. We have control over defending a claim for a loss (including settling it), unless we agree otherwise in writing. You and we must cooperate with each other in good faith on a claim.
No Exclusivity. Our rights under this section do not affect other rights we might have.
18. Governing Law; Place for Resolving Disputes
18.1 The laws of the Netherlands govern these terms without regard for any choice-of-law provisions that might direct the application of the laws of any other jurisdiction. The predominant purpose of these terms is providing services and licensing access to intellectual property and not a “sale of goods.”
18.2 Except for disputes subject to arbitration, all disputes arising under these terms or regarding your access to the Website will be subject to the exclusive jurisdiction and venue of the courts in the Netherlands. You agree to submit to the personal jurisdiction of the courts in the Netherlands to resolve all disputes not subject to arbitration. You waive any right to seek another forum or venue because of improper or inconvenient forum.
18.3 This Website will be deemed solely based in the Netherland sand will be deemed a passive website that does not give rise to personal jurisdiction over us, either specific or general, in any other jurisdiction.
19. Dispute Resolution; Exception for Small Claims
In General. Each party will allow the other reasonable opportunity to comply before it claims that the other has not met the obligations under theseterms. The parties will first meet and negotiate with each other in good faith to attempt to resolve all disputes between the parties relating to these terms.
Litigation Election. Either party may elect to litigate the following type of case or controversy: (1) an action seeking equitable relief, or (2) a suit to compel compliance with this dispute resolution provision.
Mediation. If the parties cannot settle a dispute through negotiation within 30-days after beginning negotiations, then either party may, by notice to the other party and the International Centre for Dispute Resolution, demand mediation under the Mediation Rules of the International Centre for Dispute Resolution. The parties will conduct the mediation in Amsterdam, Netherlands, unless the parties agree otherwise in writing. Each party will bear its own costs in mediation and the parties will share equally between them all third-party mediation costs unless the parties agree otherwise in writing.
Arbitration.If the parties fail to reach settlement within 60 days after service of a written demand for mediation, the parties will settle any unresolved dispute arising out of these terms or the use of the Website by arbitration administered by the International Centre for Dispute Resolution according to its International Arbitration Rules. Any arbitration conducted under these terms will take place in Amsterdam, Netherlands before a single arbitrator. The language of the arbitration and related proceedings will be English. Subject to repayment under section 23.10, the parties will bear equally the costs of the arbitration, including the fees and expenses of the arbitrator; each party will bear the costs associated with its case. The arbitrator will make a determination and issue an award within 30-days of the close of the evidence in the arbitration proceeding. The arbitrator may not award punitive or exemplary damages, or damages otherwise limited or excluded in these terms, and the arbitrator’s decision will be final and binding. Any court of competent jurisdiction may confirm and enforce the arbitrator’s award. Except as stated in sections 19.1, 19.2, 19.3, and 19.6, this is the exclusive remedy and forum for resolving disputes.
Waiver of Jury Trial. Both parties waive the right to a trial by jury for any dispute arising out of these terms or the use of the Website. This waiver will be enforceable up to and including the day that trial is to start, and even if the arbitration provisions of this section are waived.
Exception for Small Claims.As an alternative to arbitration, you may pursue your claim in a small claims court in your jurisdiction of residence, if the claim meets all of the requirements for the small claims court subject to our right to remove any claims where the amount in controversy exceeds $5,000. If you elect to file a small claims action, the matters raised in the small claims action will not be subject to arbitration unless you remove the matter from the jurisdiction of the small claims court or we elect to remove the matter because the amount in controversy exceeds $5,000.
20. Class Action Waiver
The parties must conduct any proceedings to resolve or litigate any dispute in any forum solely on an individual basis. Neither you nor we will seek to have any dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity. The parties will not combine any arbitration or proceeding with another without the advanced written consent of all parties to all affected arbitrations or proceedings.
21. Right to Injunctive Relief
Both parties acknowledge that remedies at law may be inadequate to provide an aggrieved party with full compensation if the other party violates these terms, and that an aggrieved party may seek injunctive relief if a violation occurs, in addition to seeking all other remedies available at law or in equity.
22. Limited Time to Bring Claims
A party to these terms must bring any claim arising out of these terms or the Website that party might have against the other party within 1-year after the claim arises. If a party fails to bring any claim that party might have against the other party within this 1-year period, the claim is permanently barred.
23. General Provisions
Copy of these Terms. You may-and we recommend that you-print these terms on your printer or save them to your computer. If you are having trouble printing a copy, please contact us at firstname.lastname@example.org and we will email you a copy.
Changes. We may change these terms if we believe necessary to operate the Website or to comply with changes in the law.We will try to post changes on the Website at least 15 days before they become effective. Changes will become effective on the last updated date noted at the top of the revised terms. Changes will not apply to ongoing disputes or to disputes arising out of events occurring before the posted changes. It is your responsibility periodically to check the Website to review the most current terms. While we will try to notify you of any changes to these terms, we do not assume an obligation to do so. By continuing to use the Website after we post changes to these terms, the modified terms will bind you even if you have not actually read them. If you do not agree to the changes, your exclusive remedy is to stop accessing the Website. If you need more information about the changes or have any other questions or comments about the changes, please contact us at email@example.com.
Assignment and Delegation. We may assign any rights and delegate any performance under these terms to an affiliate or third party without notice to you. You will not assign your rights or delegate your performance under these terms without our advanced written consent. Any attempted assignment or delegation in violation of this provision will be void.
Waiver. If we do not enforce any right or provision of these terms, that failure does not waive our right to do so in the future.
Sever ability. If any provision of these terms is for any reason held unenforceable, that provision will be modified to the extent necessary to make it enforceable without losing its intent. If no modification is possible, that provision will be severed from the rest of these terms.
Cumulative Remedies. All rights and remedies provided in these terms are cumulative and not exclusive, and the assertion by a party of any right or remedy will not preclude the assertion by the party of any other rights or the seeking of any other remedies available at law, in equity, by statute, in any other agreement between the parties, or otherwise.
Successors and Assigns. These terms inure to the benefit of, and are binding on, the parties and their respective successors and assigns. This section does not address, directly or indirectly, whether a party may assign rights or delegate performance under these terms.
Force Majeure. We are not responsible for any failure to perform-for so long as the event continues to delay our performance-because of unforeseen circumstances or causes beyond our reasonable control, including:
Acts of God, such as fire, flood, earthquakes, hurricanes, tropical storms, or other natural disasters;
War, riot, arson, embargoes, acts of civil or military authority, or terrorism;
Strikes, or shortages in transportation, facilities, fuel, energy, labor, or materials;
Failure of the telecommunications or information services infrastructure; or
Hacking, SPAM, or any failure of a computer, server, network, or software.
Expenses and Costs of Enforcement. If a court or tribunal of competent jurisdiction determines that a party violated these terms, the breaching party must reimburse the non breaching party for all actual costs and legal fees incurred in enforcing these terms.
Sending Notice to Us. You may send notice to us by email or by postal delivery using the contact information shown on the Website. We will consider an electronic notice received by us only when our server sends a return message to you acknowledging receipt. We may change our contact information by posting the change on the Website. Please check the contact area of the Website for the most current information for sending notice to us.
Sending Notice to You¬-Electronic Notice. You consent to receiving notice from us in electronic form by email to your last known email address or by posting notice on a location on the Website designated for this purpose. We will consider notices sent to you by email received when our email server indicates transmission to your email address. You confirm that any email address you have provided to us is a current and valid email address for receiving notice, and that your computer has hardware and software configured to send and receive email through the Internet and to print any email message you receive. You may change this consent and request paper notice by normal postal delivery, but if you do, we may collect the reasonable cost and postage for sending postal notice.
Authorization and Permission to Send Emails to You. You hereby authorize us to email you notices, advertisements, and other communications to you, including emails, advertisements, notices, and other communications relating to our products and services. This authorization will continue until you request us to remove you from our email list.
Electronic Communications Not Private. We do not provide facilities for sending or receiving confidential electronic communications. You should consider all messages transmitted to us or from usas open communications readily accessible to the public. You should not use the Website to send or receive messages you only intend the sender and designated recipients to read. Users or operators of the Website may read all messages you send to the Website regardless if they are intended recipients.
Electronic Signatures. You agree to be bound by any affirmation, assent, or agreement you transmit through this Website. You agree that when in the future you click on an “I agree,” “I consent,” or other similarly worded “button” or entry field with your mouse, keystroke, or other computer device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.
Consumer Rights Information-California Residents Only. This provision applies only to California residents. In compliance with Section 1789 of the California Civil Code, please note the following:
Users who wish to gain access to the client-only section of the Website must be a client in good standing. We do not charge consumers for access to or use of the Website.
Complaints-California Residents. You may contact in writing the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs at 1020 North Street, #501, Sacramento, California 95814, or by telephone at +1 (916) 445-1254.